Refund for hotel expenses while property was infested

by Readers Question

12:47 PM, 19th September 2016
About 2 years ago

Refund for hotel expenses while property was infested

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Refund for hotel expenses while property was infested

We are in a dispute with the landlord over money owed. Refund for hotel expenses while property was infested

More than a year ago (about 2 weeks after we moved in), my then pregnant wife and I had to evacuate the property on discovering that it was flee ridden, suffering dozens of flee bites on our bodies. The flees had originated from the previous tenants’ cat. The four days we spent living at a hotel, until the property was fumigated, were at our own expense. No apology or compensation was received.

1. Are we entitled to be reimbursed for the expenses of the hotel after all this time?

2. Can these expenses include restaurant receipts as we were unable to cook?

3. Since the landlord is unlikely to agree to compensate us, how can we go about it? Are we entitled to subtract this sun from our last payment to the landlord?

Many thanks for your advice.

Alon



Comments

Mark Alexander

12:54 PM, 19th September 2016
About 2 years ago

Hi Alon

If you are unable to reach an amicable compromise with your landlords then then Money Claim Online is the recommended solution - see https://www.moneyclaim.gov.uk/web/mcol/welcome

From what you have said I think you probably have a reasonable case. Of course there are always two sides to every story though.

If what you have said is right then you landlord also has a good case against the former tenant.

I wouldn't recommend deducting money from your final payment as that would be breach of contract. You landlord would be fully entitled to report that breach when requested to provide a reference in the future. If the matter is dealt with by the Courts at least you will have credible evidence of what has happened if your landlord does decide to give you a bad reference.
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Romain Garcin

13:41 PM, 19th September 2016
About 2 years ago

You can claim for your loss but it should be reasonable and you should have tried to minimise it. One test is to consider what an owner-occupier would have done.

I could perhaps understand sleeping in a B&B if the situation was very bad, but it is not obvious to me why you had to go to restaurants.

Puzzler

20:28 PM, 19th September 2016
About 2 years ago

why have you waited a year?

S.E. Landlord

20:50 PM, 19th September 2016
About 2 years ago

What does the tenancy agreement say about rent if property uninhabitable?

Industry Observer

8:40 AM, 20th September 2016
About 2 years ago

Romain is right MacDonalds, not The Four Seasons for dinner.

The whole key is whether the property was uninhabitable, or whether the decamping and to a hotel, not B&B, was essential or personal choice/preference.

Leaving it a year weakens the case dramatically - evidence?

Roanch 21

12:15 PM, 26th September 2016
About 2 years ago

I'm not sure what the landlord did wrong and what he is liable for. Are you saying that he let the flat to you knowing that it was infested? That would be wrong. But I suspect he might not have known about the infestation. It wasn't even apparent to you until 2 weeks after moving in. If he didn't know about it he can't be negligent. I don't think it's normal practise to fumigate properties between lets even when pets were present. Cleaning - yes, but I'm guessing the cleaning was done and failed to destroy or remove all of the eggs. Did he fail to react promptly when notified? That could be negligent? Resolving the problem within 4 days seems reasonable to me. What is it that you think the landlord should have done that he didn't do properly?


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